hey there am phebe jeremie i wish to inform you The Principal Bench of CAT New Delhi has in a remarkable judgement has quashed the clarifications issued in the Office Memorandum dated 3.10.2008 and 14.10.2008 No 383708PPWA .Pt.1 regarding the fixation of revised pension in respect of pre2006 pensioners Biswas So late Shri Panchanan Biswas Ro C607 Anandlok CGHS Ltd Mayur ViharPhaseI Delhi110091 ., 28 ., his minimum guaranteed pension would be 50 of Rs.37400Rs.10000 i.e ., Lobana So late Shri Inder Singh Ro C207 Anandlok CGHS Ltd Mayur ViharPhaseI Delhi110091 ., It stated that the clarification on OM dated 3.10.2008 was issued after due exercise in Departments of Pension and Pensioners Welfare and Ministry of Finance and with the approval of the Honble Minister of State ., Ro B401 Munirka Apartments Plot No.11 Sector9 Dwarka New Delhi110075 ., OA No.06552010 With 2 ., That apart the Government of India has also issued instructions dated 18.11.2009 based upon the judgment of the Apex Court in the case of S.P.S ., This has resulted in the anomaly which essentially to be rectified ., Therefore question of allowing complete parity between pre1996 and post 1.1.1996 pensioners would not arise ., Applicants who are pre2006 retirees are claiming pension at par with post2006 retirees based on the recommendations of the VI Central Pay Commission which became effective from 1.1.2006 ., Nakara and others v ., Nakara supra has not held that the cut off dates when an upward revision introduced cannot be prescribed and arbitrary At this stage it may also be useful to notice the decision of the Constitution Bench of the Apex Court in the case of Indian ExServicemen League and others v ., In contrast the serving employees of S29 category are being given the benefits of the recommendations of the VI CPC ., Laxmi Devi 20082 8 JT 639 the Court must maintain judicial restraint in matters relating to the legislative or executive domain ., 10 ., Nakara supra and has also relied upon its earlier constitution Bench decision in the case of Krishena Kumar v ., S.K ., Dearness Pay Rs.34350 Rs.31737.50 or 31738 Original Pension fixed Rs.17175 Rs.15869 Revised Pension Fixed after 6th CPC implementation Rs.2587i.e ., quotPara.16 8230. ., It was further noticed that an anomaly has arisen with the acceptance of the recommendations of the V CPC which has created a situation whereby Brigadiers began drawing more pay than Major Generals and were therefore receiving higher pension and family pension than Major Generals ., 6 ., We may first examine the challenge of the applicants made on the basis of the judgment of the Apex Court in the case of D.S ., Ro 63 Amaltas Lane Green Park K5 Scheme Queens Road Jaipur302021 ., Pension 50 of 23 Rs ., one regarding revision of pension of past pensioners and second regarding post2006 retirees ., 2 ., 9 ., No arrears would be payable ., 12 ., Secretary Ministry of Defence South Block Central Secretariat New Delhi110011 ., Since the VI CPC has made separate recommendations for pre2006 retirees and post2006 retirees as such the Government issued two different OMs based upon the recommendations of the Central Pay Commission i.e ., It the event of retirement subsequent to the specified dates which introduces discrimination in one otherwise homogeneous class of pensioners ., From the above extracted portion it clear that the principle of modified parity as recommended by the V CPC and accepted by the VI CPC and accepted by the Central Government provides that revised pension in no case shall be lower than 50 of the sum of the minimum of the pay in the pay band and grade pay corresponding to revised pay scale from which the pensioner had retried ., Thus the Apex Court in the case of D.S ., On the basis of this chart it has been pleaded that as per the impugned OM dated 14.10.2008 in the case of S24 officers the corresponding pay in the Pay Band against 14300 shown as 37400 ., 4 ., Simultaneously the extant benefit of adding years of qualifying service for purposes of computing pensionrelated benefits should be withdrawn as it would no longer be relevant ., Malik Counsel for applicants in OA No.3062010 and 5072010 ., The fitment tables provided in the Annex1 of O.M.F.No 112008IC dated 30.08.2008 issued by Government for implementing the revision of pay as per CCS Revised Pay Rules 2008 will come in handy for this exercise ., Pensioners Association of AdditionalJoint Secretary Equivalent Officers D603 Anandlok CGHS Ltd ., Bali Member A Member J Chairman ., Consequently the pensioners who retired prior to the specified dates had to earn pension on the average 36 months salary just preceding the dates of retirement ., 2 ., 199610 SCC 536 etc ., Union of India 1990 4 SCC 207 Indian ExServices League vs ., vs ., In order to buttress the aforesaid submission applicants have given specific instance of an officer in para6 of the Additional Affidavit who retired at a higher pay on 31.12.2005 getting a much higher pension at that time than another officer who retired only 5 days later i.e ., 19 ., Jasbir Singh Khanna Chief Surveyor of Works MES Retd ., vs ., A formal proposal was also sent by DOP PW to Departments of Expenditure seeking rectification but was not accepted by the latter ., This guiding principle which we have accepted would assure that past pensioners will obtain complete parity between the pre86 and post86 pensioners but there will be only a modified parity between the pre96 and post96 pensioners ., CCS Extraordinary Pension Rules and the corresponding rules applicable to Railway pensioners and pensioners of All India Services including officers of the Indian Civil Service retired from service on or after 1.1.1973 ., The fixation as per above will be subject to the provision that the revised pension in no case shall be lower than 50 of thesum of the minimum of the pay in the pay band plus and the grade pay thereon corresponding to the prerevised pay scale from which the pensioner had retired ., 26 ., Om Prakash Chopra Chief Surveyor of Works MES Retd ., However the misinterpreted revised basic pay of Rs.37400 has caused a grave miscarriage of justice since those officers who belong to a much higher grade have now been equated with those who were working under them in a lower rankgrade ., Once the Central Government has accepted the principle of modified parity the benefit cannot be denied on the ground of financial constraints and cannot be said to be a valid reason ., Chauhan Member J Honble Dr ., It apparent that pensioners retired before 2006 are in the loosing side as their minimum pay pegged at only 50 of minimum of pay band and 50 of grade pay corresponding to prerevised pay scale in which the employee had retired ., Applicants have not challenged the validity of the OM dated 2.9.2008 ., So an employee who retired prior to 2006 when he was receiving a basic pay of Rs.13225 in the prerevised pay scale of S15 Rs.800027513500 will receive a minimum pension of only Rs.4650 Rs ., This arbitrary selection of the happening of event subsequent to specified dates denies equality of treatment of persons belonging to the same class some preferred and some omitted ., of India Departments of Pension and Pensioners Welfare Ministry of Personnel Public Grievances and Pensions Lok Nayak Bhawan Khan Market New Delhi110 003 ., The issue involved in the said case was whether there could be a disparity in payment of pension to officer of the same rank who had retired prior to the introduction of the revised pay scale with those who retired thereafter ., Ro C23B Gangotri Enclave Alaknanda New Delhi110019 ., As already stated above the Government of India has issued OM dated 01.09.2008 Annexure A1 in respect of pre2006 pensionersfamily pensioners pursuant to acceptance of recommendations made by the VI CPC ., While we do not find any merit in the suggestion to revise the pension of past retirees with reference to maximum pay of the post held at the time of retirement as revised by the Fifth CPC there force in the argument that the revised pension should be not less than that admissible on the minimum pay of the post held by the retiree at the time of retirement as revised by the Fifth CPC ., Applicants Versus 1 ., 17 ., 9 ., The Pay Commission made separate recommendations for revision of pension of the past pensioners and for determination of pension of those retiring after implementation of its recommendations ., Justice V.K ., Vains supra thereby clarifying that the judgment of the Apex Court in the case of S.P.S ., The grievance projected by the applicants in these OAs are that the employees who retired prior to 1.1.2006 specified dates and those who retried thereafter forms one class of pensioners ., According to us such a course was not available to the functionary of the Government in the garb of clarification thereby altering the recommendations given by the VI CPC as accepted by the Central Government ., Let the respondents refix the pension and pay the arrears thereof within a period of 3 months from the dates of receipt of a copy of this order ., The further grievance raised by the applicants that their notional pay fixation and consequent pension should not be lower than 50 of the sum of the minimum of the pay in the pay band and the grade pay thereon corresponding to scale of pay from which they had retired as accepted by the Government vide resolution dated 29.08.2008 and the clarification issued by the respondents vide impugned OM dated 3.10.2008 and 14.10.2008 contrary to the Resolution dated 29.08.2008 and OM dated 1.9.2008 in regard para 4.2 are illegal arbitrary discriminatory unreasonable and unjust as according to the applicants in the clarificationmodification order dated 3.10.2008 respondents had added and deleted certain words which completely changed its meaning as per the recommendations of the Commission as accepted by the Government ., D.L ., OA No.30792009 3 ., 11 ., 10 ., Secretary Dept of Expenditure Ministry of Finance North Block Central Secretariat New Delhi110001 ., Vains supra ., Mirza Chief Surveyor of Works MES Retd ., Mitra Chief Architect MES Retd ., That apart in the case of S.P.S ., However Hon39ble CAT has not considered favourably the plea of applicants to the effect that pre2006 pensioners are to be treated at par with Post2006 pensioners as far as revision of pension concerned ., It further stated that VI CPC has not made any recommendation for complete parity between the pre1996 and post111996 pensioners ., In order to decide the matter in controversy at this stage it will be useful to extract the relevant portions of para 5.1.47 of the VI CPC recommendation as accepted by the Resolution dated 29.08.2008 para 4.2 of the OM dated 1.9.2008 and subsequent changes made in the garb of clarification dated 3.10.2008 which thus read Resolution No.38378PPWA dated 29.08.2008Para 5.1.47 pages 154155 Para 4.2 of OM DOPPW OM No ., Ro E5H DDA Flats Munirka New Delhi110067 ., 50 of pay of Rs.37400 plus grade pay of Rs.10000 ., Thus the challenge made by the applicants based upon the judgment in D.S ., As can be seen from this scheme emoluments have to be computed on the basis of the revised pay structure and further as can be seen from paras 5.2 and 5.3 of the said OM qualifying service for the purpose of pension has been reckoned as 20 years as against 33 years which was prevalent in respect of the employees who retired before 1.1.2006 and also that emoluments for the purpose of pensionary benefits have to be determined on the basis of 10 months average emoluments or emoluments last drawn by the employee before his retirement whichever more beneficial ., It submitted that the applicants are in the category of retired employees and are a diminishing category ., But we make it abundantly clear that arrears are not required to be made because to that extent the scheme prospective ., Vains 2008 9 SCC 125 ., According to the learned counsel for the applicants on the basis of the aforesaid resolutionmodified parity revised pension of the pre2006 pensioners shall not be less than 50 of the minimum of the pay band grade pay corresponding to the prerevised pay scale from which the pensioner had retired ., What worse that there no application of mind even at the level of Director and Secretary who merely sign the note and the clarification issued after obtaining finance concurrence and approval of MOS PP without going back to the Cabinet for such a modificationquot visit here to read the full text of this CAT order Central Administrative Tribunal Principal Bench 1 ., S.P.S ., L.C ., 14 ., In case of pensioners who retired prior to the specified dates their pension would be computed afresh and would be payable in future commencing from the specified date ., In order to decide the aforesaid issue few relevant facts may be noticed ., Secretary to the Government of India Departments of Expenditure Ministry of Finance North Block New Delhi ., In view of what has been stated above we are of the view that the clarificatiory OM dated 3.10.2008 and further OM dated 14.10.2008 which also based upon clarificatiory OM dated 3.10.2008 and OM dated 11.02.2009 whereby representation was rejected by common order are required to be quashed and set aside which we accordingly do ., lower average emoluments absence of slab system and lower ceiling ., Vains supra ., Nakara supra has to be read as one of limited application and its ambit cannot be enlarged to cover all claims made by the pension retirees or a demand for an identical amount of pension to every retiree from the same rank irrespective of the dates of retirement even though the reckonable emoluments for the purpose of computation of their pension be different ., 2 ., Ro 40197 C.R ., Chawla Chief Engineer MES Retd ., In addition Grade Pay of Rs.8700 was given totaling Rs.46100 ., We also wish to add that the Pay Commissions are concerned with the revision of the prerevised pay scales and also that in terms of Rule 34 of the CCS Pension Rules 1972 the pension of retirees has to be fixed on the basis of the average emoluments drawn by them at the time of retirement ., In fact several decisions of this Court have gone to the extent of saying that the choice of a cut off dates cannot be dubbed as arbitrary even if no particular reason given for the same in the counter affidavit filed by the Government unless it shown to be totally capricious or whimsical vide State of Bihar vs ., No.38378PPWA dated 3.10.2008 The fixation as per above will be subject to the provision that the revised pension in no case shall be lower than 50 of the sum of the minimum of the pay in the pay band and the grade pay thereon corresponding to the prerevised pay scale forms which the pensioner had retired ., 3 ., Secretary Ministry of Personnel Public Grievances and Pensions Dept ., No.161 New DP Road Aundh Pune411007 ., Hence Article 14 has no application ., 20083 3 JT 221 and in Government of Andhra Pradesh Ors ., vs ., At this stage it will be useful to quota relevant portions of paras 47 to 49 of the judgment in D.S ., Second without bringing out merits or demerits of either formulation the lower functionary in DOP PW incorporates in the clarification against item 4.2 in the OM dated 1.9.2008 the first option about minimum of pay in the pay band irrespective of the prerevised scale of pay ., Thus we agree with the reasoning given by the Bombay and Patna Benches of the Tribunal as regards fixation of pension of pre2006 retirees at par with post2006 retirees based on the decisions of the Apex Court in D.S ., The pension disbursing authorities may be authorized to consolidate the pension by adding a basic pension b personal pension wherever admissible c dearness relief as on 1.1.1996 on basic pension only d Interim Relief I and II and e 20 of basic pension ., There may be various considerations in the mind of the executive authorities due to which a particular cut off dates has been fixed ., Recommendation Decision of Government 12 All past pensioners should be allowed fitment benefit equal to 40 of the pension excluding the effect of merger of 50 dearness allowancedearness relief as pension in respect of pensioners retiring on or after 142004 and dearness pension for other pensioners respectively ., The order portion as follows quotPARA 30 In view of what has been stated above we are of the view that the clarificatiory OM dated 3.10.2008 and further OM dated 14.10.2008 which also based upon clarificatiory OM dated 3.10.2008 and OM dated 11.02.2009 whereby representation was rejected by common order are required to be quashed and set aside which we accordingly do ., Ro 2262 Kudi Bhagtasni Housing Board Jodhpur342005 ., No 383708PPWA .Pt.1 dated 14.10.2008 which now quashed by CAT ., Smt ., The liberalized scheme introduced a slab system for commutation of pension raised pension ceiling and provided for average emoluments with reference to the last 10 months service ., It was explained during arguments that pay in the Pay Band indicated in column No.2 above tables relates to the pay in the revised pay scale corresponding to the minimum pay in the prerevised pay scale ., 3 ., P ., on 5.1.2006 at a lower pay ., At this stage it will be useful to quota paras 59 of the judgment which read thus 5 ., the matter was referred to the Full Bench vide order dated 29.04.2011 ., OAs are allowed in the aforesaid terms with no order as to interest and costsquot Hence in order to refix the pension based on minimum of the pay in the pay band corresponding to the prerevised pay scale from which the pensioner had retired the revised pay in pay band as per 6CPC implementation corresponding to each incremental basic pay in the prerevised pay scale will be required ., Agarwal Chief Surveyor of Works MES Retd ., Rs.23700 Strike out are deletions and bold letter addition Strike out are deletions and bold letters addition ., In order to determine the issue at this stage it will be useful to quote item No.12 of the Resolution No.383708PPW A dated 29.08.2008 whereby recommendations of the VI CPC as contained in para 5.1.47 was accepted with certain modifications and thus reads S ., Principal Bench of Central Administrative Tribunal CAT has come to the rescue of pre2006 pensioners in this aspect by pronouncing judgement to the effect that O.M dated 14.10.2008 quashed and revised pension fixation has to be done to the Pre2006 pensioners on the basis of as per the resolution dated 29.08.2008 ., Ro X03 Suraksha Enclave S ., Ro B1A 42 C DDA Flats Janakpuri New Delhi110058 ., It was in this context that the judgment was rendered ., Sadhana Chaudhary Ors ., Vs ., After implementing the VI CPC recommendations as illegally modified by the Departments of Personnel the results that the concerned person who retired on 31.12.2005 getting far lower pension than the person who retired 5 days later ., Thus these clarificatory OMs are illegal arbitrary discriminatory unreasonable unjust and are required to be quashed and set aside ., 23 ., In a catena of decisions of this Court it has been held that the cut off dates fixed by the executive authority keeping in view the economic conditions financial constraints and many other administrative and other attending circumstances ., It was also incorrectly mentioned that the earlier provision in para 4.2 of OM dated 1.9.2008 has been issued in pursuance of the approval of the Cabinet granted to the Report of the Sixth CPC and any change would entail substantial financial implications and this was done only with the approval of the Secretary Expenditure without putting up the note to MOS F who had himself supported the change ., 1.1.2006 based on the resolution dated 29.08.2008 and in the light of our observations made above ., Applicants 8211Versus Union of India through 1 ., It stated that the OM dated 1.9.2008 has been further clarified on 3.10.2008 that pension calculated at 50 of the minimum of the pay in the pay band plus grade pay would be calculated at the minimum of the pay in the pay band irrespective of the prerevised sale of pay plus the grade pay corresponding to the prerevised pay scale ., No.38378PPWA dated 1.09.2008 pages 38 of OA OM DOPPW OM No ., of Andhra Pradesh and others v ., emphasis added ., Though they retired with the same rank they are not of the same class or homogeneous group ., On May 25 1979 the Government of India Ministry of Finance issued OM No.F.193EB79 whereby the formula for commutation of pension was liberalized but it was made applicable to government servants who were in service on 31.03.1979 and retired from service on or after the specified date ., Applicants in para11 of the AdditionalAffidavit have explained how the Note prepared by a junior functionary at the level of an Under Secretary in the Departments of Pension Pensioners Welfare in regard to para4.2 of the OM dated 1.9.2008 has been given a goby to the resolution dated 29.08.2008 ., 12 ., The dates of retirement irrelevant ., Now let us advert to last grievance raised by the applicants viz ., As can be seen from this para under the earlier pension scheme the pension was related to average emoluments during 36 months just preceding retirement ., Sudhir Kumar Jaiswal 19944 SCC 212 vide para 5 Ramrao Ors ., Khatana Counsel for applicants in OA No.30792009 ., Vains supra will not apply in the case of petitioners who retired from the civil departments and who before their retirement were governed by the CCS Pension Rules 1972 ., The resolution dated 29.08.2008 by which Government accepted the recommendations of Sixth Pay Commission report as well as the clause in para 4.2 of the Office Memorandum dated 01.09.2008 define the minimum revised pension as quot revised pension in no case shall be lower than fifty percent of the minimum of the pay in the pay band plus the grade pay corresponding to the prerevised pay scale from which the pensioner had retiredquot ., Mehta Chief Surveyor of Works MES Retd ., What was the Liberalized Pension Formula has been mentioned in para37 of the judgment ., on 31st December 2005 even if he had received prerevised pay of Rs.22400 would now be placed in the revised pay of Rs.37400 only in addition to the Grade Pay of Rs.10000 ., Secretary to the Government of India Departments of Expenditure Ministry of Finance North Block New Delhi ., 15 ., 1 2 3 4 5 S24 14300 37400 8700 46100 23050 S25 15100 39690 8700 48390 24195 S26 16400 39690 8900 48590 24295 S27 16400 39690 8900 48590 24295 S28 Rs.14300 37400 10000 47400 23700 S29 18400 44700 10000 54700 27350 The first 4 columns of the above tables have been extracted from the pay fixation annexed with MOF OM of 30th August 2008 referred to in para 4.5 iii above ., Applicants Versus 1 ., Sharma counsel for respondents in OA No.3062010 and 5072010 ., Ro 21 Part3 Suresh Sharma Nagar Bareilly UP ., Tarun Gupta Counsel for applicants in OA Nos.6552010 ., It was in this context that the Apex Court held that pensioners forms a class as a whole and cannot be microclassified by arbitrary manipulated and unreasonable eligibility criteria for the purpose of grant of revised pension ., 13 ., 1.1.2006 based on the resolution dated 29.08.2008 and in the light of our observations made above ., one Stagnation increment Rs.21400 Average 10 months Emoluments incl ., M.L ., N ., Honble Mr ., Illustration Following prerevised pay scales have been bunched and revised to a single pay band after 6cpc ., Based on this resolution respondents issued OM of even number dated 1.9.2008 ., What discriminatory introduction of a benefit retrospectively or prospectively fixing a cutoff dates arbitrarily thereby dividing a single homogenous class of pensioners into two groups and subjecting them to different treatment vide Col B.J ., H.R ., 15 ., 2 ., The challenge was made only to that part of the scheme by which the benefit of Liberalized Pension Formula was made applicable to government servants who were in service on March 31 1979 and retired from service on or after that date ., dated 30.08.2008Rs.2700 50 of GP of Rs.5400 ., 7 ., Sharma Chief Engineer MES Retd ., If the matter seen in the light of the law laid down by the Apex Court as noticed above it cannot be said that fixation of cut off dates of 1.1.2006 for the purpose of extending retiral benefits arbitrary and it permissible for the Government to fix a cut off dates for introducing any new pensionretirement scheme or for discontinuing of any existing scheme ., Further as explained earlier the benefits available in S24 to S27 grade are available not only to retired employees but also to the large base of serving employees ., Union of India through the Secretary to the Govt ., Applicants have also explained as to how the disparity has resulted on account of implementationacceptance of VI CPC recommendations by the Government vide resolution dated 29.08.2008 ., For illustration we have provided here a portion of said fitment table ., 2004 2 SCC 76 vide para 31 University Grants Commission vs ., 2 ., Also visit here to read the O.M ., 3 ., Thus reading of this OM clearly stipulates that the OM dated 1.9.2008 has been made applicable to the employees of the Central Government who are granted pension under CCS Pension Rules 1972 ., If the interpretation of the Departments of Pension accepted this will results in reduction of pension by Rs.400 per month ., This hits the very principle of the modified parity which was never intended by the Pay Commission or by the Central Government b The Central Government improved upon many pay scales recommended by the VI CPC ., Dhingra and others 2008 2 SCC 229 the Apex Court relying upon its earlier decision in para25 has made the following observations 25 It well settled that when two sets of employees of the same rank retire at different points of time one set cannot claim the benefit extended to the other set on the ground that they are similarly situated ., Suffice it to say that the observation made by the Patna Bench was given without taking into consideration the modified parity as recommended by the Pay Commission and accepted by the Central Government vide its resolution dated 29.08.2008 which formed the basis to grant pension to pre2006 retirees ., vs ., The above view also fortified by paras 137.15 137.20 and 137.21 of the V CPC recommendations as reproduced below leading to modified parity which were also accepted by the VI CPC and accepted by the Central Government and thus read Immediate relief to pensioners 137.15 While the work relating to revision of pension of pre 1.1.1986 retires by notional fixation of their pay shall have to be undertaken by the pension sanctioning authorities to be completed in a timebound manner we suggest that the pensioners should be provided some relief immediately on implementation of our recommendations ., Similarly revisions concerning all the other pay scales were accepted by the aforementioned OM dated 14th October 2008 ., The learned counsel has further argued that the resultant injustice done to the pre112006 pensioners had even been recognized by MOS F and MOS PP in their letters to the PM and MOS F respectively copies of which are at Annexures A11 pages 169 and A12 pages 170 of the OA ., Therefore fixation of pay at Rs.37400 by terming it as minimum of the pay in the pay band erroneous and ill conceived and d That even the Minister of State for Finance and Minister of State PP taking note of the resultant injustice done to the pre11.2006 pensioners pages 169170 had sent formal proposal to the Departments of Expenditure seeking rectification but the said proposal was turned down by the officer of the Departments of Expenditure on the ground of financial implications ., The financial effect of the same manymany times that of the small additional expenditure which will be incurred on account of the benefits sought by the Applicants ., Respondents OA No.3062010 1 ., Razdan Chief Architect MES Retd ., Veena Chhotray M.L ., We have no hesitation in conceding the argument advanced by pensioners that they should receive a pension at least based on the minimum pay of the post as revised by Fifth Pay Commission in the same way as an employee normally gets the minimum revised pay of the post he holds ., It also indicated by CAT that in the garb of clarification respondents misinterpreted minimum of pay in the pay band as minimum of the pay band and that this interpretation apparently erroneous ., 13 ., All India Backward Class Bank Employees Welfare Association Ors ., Thus this modified formula formed basis for revision of the pension of the pre2006 retirees as adopted by resolution dated 29.08.2008 which according to applicants has not even been followed by the respondents in its true letter and spirit ., Thus the prerevised scale from which a person has retired and the emoluments which he was drawing at the time immediately preceding his retirement are a relevant consideration for the purpose of computing revised pension and cannot be ignored ., We find no difficulty in implementing the scheme omitting the event happening after the specified dates retaining the more humane formula for computation by applying the rule of average emoluments as set out in Rule 34 and introducing the slab system and the amount worked out within the floor and the ceiling ., Shri Satish Verma Retd ., Rather the Apex Court in the said case in para47 has categorically held that undoubtedly when an upward revision introduced a dates from which it becomes effective has to be provided ., Union of India 1983 1 SCC 305 Krishna Kumar vs ., As regards the grievance to OM dated 14.10.2008 based on the OM dated 1.9.2008 as clarified by OM dated 3.10.2008 whereby a revised tables Annexure A1 of the pre2006 pensioners pay scalepay was finalized to facilitate payment of the revised pensionfamily pension applicants have prepared a chart in respect of minimum of the prerevised scales modified parity of S 29 along with 5 scales included in PB4 works out as under and thus reads Min of Pre revised scale ., Central Govt ., But the revised scheme would be operative from the dates mentioned in the scheme and would bring under its umbrella all existing pensioners and those who retired subsequent to that date ., It was held that liberalized pension scheme will become operative to all pensioners governed by 1979 rules irrespective of dates of retirement ., This consistent with the fitment benefit being allowed in case of the existing employees ., Amar Nath Goyal ., Once an employee renders the minimum pensionable service of 20 years pension should be paid at 50 of the average emoluments received during the past 10 months or the pay last drawn whichever more beneficial to the retiring employee ., OA No.03062010 4 ., M.L ., In the case of HAG and above scales this will be fifty percent of the minimum of the revised pay scale ., However regarding revision of pension of past pensioners the Commission made recommendations as per para 5.1.47 of the report which recommendation of the Commissioner was accepted by the Government with certain modifications to which we will advert at a later stage ., 6 ., 27 ., of Pension and Pensioners Welfare Lok Nayak Bhawan New Delhi110003 ., According to us deletion of the words sum of the and grade pay thereon corresponding to the prerevised scale and addition of the words irrespective of the prerevised scale of pay plus as introduced by the respondents in the garb of clarification vide OM dated 3.10.2008 amounts to carrying out amendment to the resolution dated 29.08.2008 based upon para 4.1.47 of the recommendations of the VI CPC as also the OM dated 1.9.2008 issued by the Central Government pursuant to the aforesaid resolution which has been accepted by the Cabinet ., Ro 75 Kiran Vihar New Delhi110092 ., 3 ., emphasis supplied 29 ., Yet in another decision in the case of Union of India v ., The stand taken by the respondents that the recommendations of the VI CPC as accepted by the Government vide Resolution dated 29.08.2008 and further clarification issued by the respondents in consonance with the recommendations so accepted ., It therefore absolutely clear that the Government authorities have increased the pay of S24 employees by far more than double ., This Court also of the view that fixing cut off dates within the domain of the executive authority and the Court should not normally interfere with the fixation of cut off dates by the executive authority unless such order appears to be on the face of it blatantly discriminatory and arbitrary ., Dr ., the pay from which a pay band starts ., This interpretation apparently erroneous for the reasons a if the interpretation of the Government accepted it would mean that pre2006 retirees in S29 grade retired in December 2005 will get his pension fixed at Rs.23700 and anther officer who retired in January 2006 at the minimum of the pay will get his pension fixed at Rs.27350 ., Pleadings to the extent the same may be required to be mentioned are however extracted from OA No.6552010 in the matter of Central Government SAG S29 Pensioners Association and another v ., Goel Departments Railways Heavy Water Board Scale of Pay 1840050022400 1840050022400 dates of Retirement 31.12.2005 05.01.2006 i.e ., Nidhesh Gupta Senior Advocate with Mr ., Ro B11 River Bank Colony Lucknow ., Union of India Others ., 9 ., The use of words sum of and and thereon leaves no doubt that both the minimum of the pay in the pay band and the grade pay have to correspond to the prerevised pay scale ., Park New Delhi ., 2 ., The use of words quotsum ofquot and quotthereonquot leaves no doubt that both the minimum of the pay in the pay band and the grade pay have to correspond to the prerevised pay scale ., Shri S.K ., Surya Mohan Bajpai Chief Surveyor of Works MES Retd ., These considerations can be financial administrative or other considerations ., Rajani Chief Engineer MES Retd ., At this stage we wish to mention that this issue was not raised and considered by the Patna and Bombay Benches of the Tribunal as such no finding on this aspect was given ., Ro A2123 Janakpuri New Delhi110058 ., emphasis supplied xxx xxx xxx xxx xxx Modified parity conceded 137.20 We have given our careful consideration to the suggestions ., Rajendra Prasad Chief Surveyor of Works MES Retd ., On plain reading it may look what was done by the Government correct ., Ro 1005 SectorA PocketB Vasant Kunj New Delhi110070 ., Let the respondents refix the pension and pay the arrears thereof within a period of 3 months from the dates of receipt of a copy of this order ., Ro B111 Chander Nagar Janakpuri New Delhi110057 ., The Apex Court held that the words who were in service on or after are words of limitation introducing the mischief and are vulnerable as denying equality and this part of the sentence was declared as unconstitutional and struck down ., visit here to read the Annex1 of O.M.F.No 112008IC dated 30.08.2008 for entire fitment table ., S.R ., Respondents are directed to refix the pension of all pre2006 retirees w.e.f ., Amar Nath Goyal 2005 6 SCC 754 ., A copy of this Note dated 2.1.2009 enclosed as Annexure 5 ., The fixation of pension will be subject to the provision that the revised pension in no case shall be lower than fifty percent of the sum of the minimum of the pay in the pay band and the grade pay thereon corresponding to the prerevised pay scale from which the pensioner had retired ., No 383708PPWA .Pt.1 dated 14.10.2008 Departments of Pension and Pension welfare has formulated a fitment tables by misinterpreting the Government decision on fixation of pension for pre2006 Pre1996 and Pre1986 Pensioners ., Chauhan Member J By this common order we propose to dispose of four connected Original Applications as the issues involved in all are same as also suggested by the learned counsel representing the parties ., while preparing note for implementation of Government Decision ., The employer can validly fix a cutoff dates for introducing any new pensionretirement scheme or for discontinuance of any existing scheme ., The Note so prepared has been extracted in this para which thus reads Whether the pension calculated at 50 of the minimum pay in the pay band would be calculated i at the minimum of the pay in the pay band irrespective of the prerevised scale of pay plus the grade pay corresponding to the prerevised pay scale or ii at the minimum of pay pay in the pay band which an employee in the prerevised scale of pay will be getting as per the fitment tables at Annex I of the CCS Revised Pay Rules 2008 plus the grade pay corresponding to the prerevised pay scales ., However in subsequent decisions this Court has considerably watered down the rigid view taken in Nakara39s Case supra as observed in para 29 of the decision of this Court in State of Punjab Ors ., 2 ., 11 ., Shri R.K ., the revised basic pay of Rs.61850 ., 4 ., For instance a person who was in the prerevised pay scale of 1800022400 S29 at Rs.18400 would now get Rs.44700 in addition to Grade Pay of Rs.10000 i.e ., The increase will be allowed by subsuming the effect of conversion of 50 of dearness relief dearness allowance as dearness pension dearness pay ., 49 ., It was in this context that the Writ Petition was allowed by the High Court directing the Government to fix minimum pay scale of the Major General above that of the Brigadier and grant pay above that of a Brigadier as has been done in the case of post 1.1.1996 retirees and consequently fix pension and family pension accordingly ., Chief Engineer Central Water Commission Ministry of Water Resources Govt ., G.S ., We may now consider the claim made by the applicants based upon the decision of the Apex Court in the case of S.P.S ., Similarly the same the position with regard to S25 S26 and S27 all of whom were recommended by the Sixth Pay Commission to be in the pay band of Rs.1560039100 but were placed by the Government in the pay band of Rs.3740067000 ., It may be stated here that in terms of the Pension Rules 1972 the pension in the case of existing pensioners and future pensioners have to be computed by applying the rule of average emoluments as set out in Rule 34 whereas in the case of the defence pensioners they are regulated in terms of the Special Army instructions issued in that regard based on the concept of one rank one pension which not applicable in respect of the employees serving in the Central Government ., All pensioners wherever they retired would be covered by the liberalised pension scheme because the scheme a scheme for payment of pension to a pensioner governed by 1972 Rules ., On the basis of the recommendations made by VI CPC which stood validly accepted by the Cabinet it has been argued that principle for determining the pension has been completely altered under the garb of clarification ., Managing Director State Bank of India 1998 8 SCC 30 and Union of India vs ., Vains supra the Court was dealing with entirely a different issue ., Respondents OA No.5072010 1 ., Thus according to the applicants the aforesaid disparity which has been caused on account of granting enhanced scales in S24 to S27 grade contrary to the recommendations of the VI CPC and further reducing the scales recommended by the Pay Commission in respect of S29 grade to be at par with the employees who were placed in S24 to S27 grade required to be set right ., Road Aundh Pune411007 ., The Court must exercise judicial restraint and must ordinarily leave it to the executive authorities to fix the cut off date ., It follows therefore that even if no reason has been given in the counter affidavit of the Government or the executive authority as to why a particular cut off dates has been chosen the Court must still not declare that dates to be arbitrary and violative of Article 14 unless the said cut off dates leads to some blatantly capricious or outrageous result ., Union of India through the Secretary to the Govt ., V.K ., Chander Hass Anr ., Admittedly the Armed Forces pensioners are not governed by the family pension Rules 1972 but they are governed by different set of Rules ., Rs.37400 ., Nakara vs ., Bali Chairman Honble Mr ., However in the case of Major Generals who retired after 1.1.1996 their pay was initially fixed according to clause 12 c of Special Army instructions 2S1998 which enabled them to draw higher pension than those retired before 1.1.1996 despite holding the same rank ., Ro X05 Suraksha Enclave S.No ., 3 ., Ro 29 Anupam Apartments Vasundhara Enclave Delhi110096 ., According to the learned counsel of applicants even if the cut off dates of 1.1.2006 for revision of the pay scale and grant of pensionary benefits on the basis of VI CPC to be upheld even then the applicants are entitled to relief based upon the Resolution dated 29.08.2008 whereby the recommendations of the Pay Commission was accepted and on account of disparity which has resulted in granting different pay scales as recommended by the VI CPC which has caused prejudice to the applicants and thus has to be set right ., Dr ., The report was submitted by the Commission on 24.03.2008 ., Veena Chhotray Member A OA No.6552010 1 ., Secretary Dept of Expenditure Ministry of Finance North Block Central Secretariat New Delhi110001 ., Mrs ., Ro 318 SFS DDA Flats Ashok Vihar PhaseIV New Delhi110052 ., vs ., Nakaras case supra which thus read Undoubtedly when an upward revision introduced a dates from which it becomes effective has to be provided ., Shangari Chief Engineer MES Retd ., A copy of the said chart amplifying the above position has also been reproduced which to the following effect Name Ashok K ., It not disputed that the Central Government employees on retirement from service are entitled to receive pension under the Central Civil Services Pension Rules 1972 ., 30 ., Ramjee Prasad 19903 SCC 368 Union of Indian Anr ., 7 ., 25 ., B.K ., Ro 1020 Pocket D1 Vasant Kunj New Delhi110070 ., Thus such a course was not permissible for the functionary of the Government in the garb of clarification that too at their own level without referring the matter to the Cabinet ., that even if the modified parity as recommended by the Pay Commission and accepted by the resolution dated 29.08.2008 to be taken as criteria for determining pension of pre2006 retirees still on account of subsequent clarification issued to para 4.2 of the OM dated 1.9.2008 by the officers of the respondents vide OM dated 3.10.2008 and 14.10.2008 criteria and principles for determining the pension has been given a complete gobye ., Consequently dearness relief at the rate of 74 on pension excluding the effect of merger has been taken for the purposes of computing revised pension as on 112006 ., Revised pension of S 29 works out to Rs.27350 which has been reduced to Rs.23700 as per DOP OM of 3102008 para 4.8 B below ., Before the High Court it was urged on behalf of the writ petitioners that while the writ petitioners and the other similarly placed officers who had retired while holding the rank of Major Generals prior to 1.1.1996 were given the same pension as that of Brigadier ., However as per the OM dated 3.10.2008 revised pension at 50 of the sum of the minimum of the pay in the pay band and the grade pay thereon corresponding to prerevised scale from which the pensioner had retired has been given a goby by deleting the words sum of the and grade pay thereon corresponding to the prerevised pay scale and adding irrespective of the prerevised scale of pay plus implying that the revised pension to be fixed at 50 of the minimum of the pay which has substantially changed the modified parityformula adopted by the Central Government pursuant to the recommendations made by the VI CPC and has thus caused great prejudice to the applicants ., As such on these grounds pre2006 retirees cannot claim benefit at par with post2006 retirees who are governed by the separate set of Scheme ., It in the light of the aforesaid factual aspects the matter required to be examined ., emphasis supplied ., Nakara supra that pre2006 retirees should be extended the same pensionary benefits as that of post2006 retirees cannot be accepted ., As has been held by this Court in Divisional Manager Aravali Golf Club Anr ., According to us as already stated above in the garb of clarification respondents interpreted minimum of pay in the pay band as minimum of the pay band ., only 5 days Last Pay Drawn Rs.22900 incl ., Applicants Versus Union of India through 1 ., Secretary Ministry of Defence South Block Central Secretariat New Delhi110011 ., Shri L.R ., Govt of India 2006 11 SCC 709 D.S ., Union of India 1991 2 SCC 104 whereby the Apex Court explained the ratio laid down in the case of D.S ., 22 ., However the Government has upgraded the said S24 category to Pay Band 4 and placed them in the pay Band of Rs.3740067000 plus Grade Pay of Rs.8700 per month ., As such it was not permissible for the respondents to ignore the prerevised scale of pay for the purpose of computing revised pension as per the modified parity in the garb of issuing the clarifications thereby altering the modified parityformula which was accepted by the Central Government vide its resolution dated 29.08.2008 ., OAs are allowed in the aforesaid terms with no order as to interest and costs ., The Pension Calculated at 50 of the sum of the minimum of the pay in the pay band and the grade pay thereon corresponding to the prerevised pay scale plus grade pay would be calculated i at the minimum of the pay in the pay band irrespective of the prerevised scale of pay plus the grade pay corresponding to the prerevised pay scale ., No doubt in D.S ., Yet for another reason pre1.1.2006 and post2006 retirees cannot be extended the same pensionary benefits inasmuch as the respondents on the basis of the recommendations of the VI CPC have issued two different Schemes for pre2006 and post2006 retirees ., 3 ., The attempt to classify them into separate classesgroups for the purpose of pensionary benefits was not found on intelligible differentia which has a rationale nexus with the object sought to be achieved ., This may be stepped up by the pension disbursing authorities wherever feasible to the level of 50 of the minimum pay of the post held by the pensioner at the time of retirement ., The phrase minimum of the pay in the Pay Band has been used and this phrase carries the same meaning i.e ., Principle enunciated 137.21 The Commission has decided to enunciate a principle for the future revision of pensions to the effect that complete parity should normally be conceded up to the dates of last pay revision and modified parity with pension equated at least to the minimum of the revised pay scale be accepted at the time of each fresh pay revision ., 6 ., 8 ., Respondents are directed to refix the pension of all pre2006 retirees w.e.f ., Thus they suffered triple jeopardy viz ., 20 ., 4 ., Nakaras case supra there was no dispute regarding implementation of the liberalized scheme from a cut off date ., It stated that there may be a slight change in the word used in the clarification issued by the Government subsequently but has the same meaning as in the latter part of para 5.1.47 of the report of the VI CPC as accepted by Government ., Kasturi vs ., of India Departments of Pension and Pensioners Welfare Ministry of Personnel Public Grievances and Pensions Lok Nayak Bhawan Khan Market New Delhi110 003 ., But it gross misinterpretation of 6CPC recommendations and acceptance of 6cpc recommendations in the resolution by way of formulating a wrong fitment tables that has caused a huge financial loss to pre2006 pensioners ., PPS Gumber Chief Engineer MES Retd ., We feel that if government ready to implement this CAT decision dated 01.11.2011 in O.A No 06552010 Pre2006 Pensioners will be benefited to some extent if not at par with Post2006 Pensioners ., As can be seen from the clarificatory order dated 30.08.2008 Annexure A6 at pages 139147 regarding pay scale of S24 to S29 the pay scales of the V CPC of Rs.1430018300 in respect of S24 employees the VI CPC has placed them in Pay Band3 and recommended the Pay Band of Rs1560039100 plus Grade Pay of Rs.7600 per month ., In our opinion it would make a marginal difference in the case of past pensioners because the emoluments are not revised Emphasis added 5 ., 8 ., The illegality which has been perpetrated in the present matter apparent from the fact that whereas an officer who was in the prerevised scale S24 and receiving a pay of Rs.14300 would now receive Rs.37400 plus grade pay of Rs.8700 and his full pension would accordingly be fixed at Rs.23050 i.e ., Para 2.1 of this OM stipulates that these orders shall apply to all pensionersfamily pensioners who were drawing pensionfamily pension on 1.1.2006 under the Central Civil Services Pension Rules 1972 ., Secretary Ministry of Personnel Public Grievances and Pensions Dept ., Respondents Memo of Appearances For the Applicants Mr ., Para 2.2 stipulates that separate orders will be issued by the Ministry of Defence in regard to Armed Forces pensionersfamily pensioners ., See State of Punjab Ors ., 5 ., vs ., S.S ., Rs.229002152.26 2 Rs.29435 21 ., 5 ., 2 ., Shri G.S ., Para4.2 whereof which relevant for the purpose reads as follows The fixation of pension will be subject to the provision that the revised pension in no case shall be lower than fifty percent of the minimum of the pay in the pay band plus the grade pay corresponding to the prerevised pay scale from which the pensioner had retired ., Ramchander Tripathi Chief Engineer MES Retd ., Thus according to us applicants cannot take any assistance from this judgment which was rendered in the different facts and circumstances of the case and relates to the Army personnel and based on the premise of one rank one pension ., 50 of 37400 pay plus grade pay Rs.8700 pursuant to the implementation of VI CPC recommendations after 1.1.2006 whereas a person belonging to the Applicant Association who was drawing a pay of Rs.18400 or even Rs.22400 maximum of scale in the prerevised S29 scale will now be getting pension as only 23700 i.e ., 8 ., 2700 50 of Rs.9300 and Rs.5400 if the revised pension less than the minimum pension ., Banwari Lal Singhal Chief Engineer MES Retd ., Further the Apex Court in the case of Govt ., Ro F110 Indralok Krishna Nagar Lucknow226023 Uttar Pradesh ., However it could be seen that in the O.M ., Considering that the issues involved have great ramifications and in the meanwhile Bombay Bench and Patna Bench of the Tribunal rendered judgments against their cause ., Central Government SAG S29 Pensioners Association through its Secretary Shri Sant Bhushan Lal Ro C521 Grant Vasant Vasant Kunj New Delhi110 070 ., Union of India 19831 SCC 305 this Court had struck down the cut off dates in connection with the demand of pension ., As regards post2006 retirees respondents have issued OM dated 2.9.2008 Annexure R1 as to how the pension has to be computed ., For example if a pensioner had retired in the prerevised scale of pay of Rs.1840022400 the corresponding pay band being Rs.3740067000 and the corresponding grade pay being Rs.10000 p.m ., For the Respondents Shri Ritesh Kumar Shri Piyush Sanghi Shri Simranjeet Singh Shri Sumit Goel Shri Krishan Kumar Shri Rajesh Katyal counsel for the officials respondents ., In order to remove that anomaly Government stepped up pension of Major Generals who had retired prior to 1.1.1996 giving them pension as was given to the Brigadiers ., It may be stated that challenge has been made only to the aforesaid issues though the additional points raised by the applicants in OA20872009 and 21012011 have not been pressed by the learned counsel for the applicants ., Subbarayudu and others 2008 14 SCC 702 has held that even if no reason forthcoming for fixation of particular dates it should not be interfered with by the Court unless the cut off dates leads to some blatantly capricious or outrageous result ., Chauhan V.K ., Akkara Retd vs ., Ro 263 Rajouri Apartments Rajouri Garden New Delhi110064 ., Mayur ViharPhase I Delhi110091 ., Union of India 1983 1 SCC 305 and Union of India v ., Thus the illegality which has been committed in the present matter also relates to equating the prerevised pay scale of Rs.1840022400 with the prerevised pay scale of Rs.1430018300 ., of Pension and Pensioners Welfare Lok Nayak Bhawan New Delhi110003 ., Prerevised scale Prerevised Pay band Revised Pay Band and GP S9 Rs.50001508000 PB2 Rs.930034800 GP Rs.4200 S10 Rs.55001759000 S11 Rs.6500200 S12 Rs.650020010500 S13 Rs.745022511500 PB2 Rs.930034800 GP Rs.4600 S14 Rs.750025012000 PB2 Rs.930034800 GP Rs.4800 S15 Rs.800027513500 PB2 Rs.930034800 GP Rs.5400 The OM dated 14.10.2008 has advocated that the minimum pension of employees fall under prerevised scales from S9 to S15 will not be less than 50 of Rs.9300 plus 50 of the grade pay corresponding to the prerevised pay scale ., Respondents OA No.30792009 1 ., The pay scale in S29 category was improved from Rs.3920067000 plus Grade Pay of Rs.9000 with minimum pay of Rs.43280 to Rs.3740067000 with grade pay of Rs.10000 with minimum pay of Rs.44700 pages 142 of the paperbook ., However a person who retired only one day prior i.e ., We recommend acceptance of this principle which based on reasonable considerations ., Ghosh R.K ., The Government must be left with some leeway and free play at the joints in this connection ., No ., Union of India 1991 2 SCC 104 V ., CAT has also rightly pointed out the actual intention of the Government with regard to fixation of revised pension for the employees retired before 2006 has been given a goby because of nonapplication of mind by lower functionaries such as Under Secretary etc ., 7 ., Khera Chief Architect MES Retd ., The enunciation of the principle would imply that at the time of the next pay revision say in the year 2006 complete parity should be given to past pensioners as between pre1996 and post1996 and modified parity be given between the pre2006 and post2006 pensioners ., M.D ., O R D E R Honble Mr ., Vijayapurapu Subbayamma 2000 7 SCC 662 ., The consolidated pension shall be not less than 50 of the minimum pay as revised by the Fifth CPC of the post held by the pensioner at the time of retirement ., Pooran Mal Chief Engineer MES Retd ., 24 ., What worse that there no application of mind even at the level of Director and Secretary who merely sign the note and the clarification issued after obtaining finance concurrence and approval of MOS PP without going back to the Cabinet for such a modification ., 16 ., 5.1.47 Accepted with the modification that fixation of pension shall be based on a multiplication factor of 1.86 i.e basic pension Dearness Pension wherever applicable dearness relief of 24 as on 1.1.2006 instead of 1.74 ., Nakara and S.P.S ., 2 ., It further relevant to note that those officers belonging to S29 who would retired after 1.1.2006 would however be placed in the revised pay scale differently ., 14 ., K.K ., 18 ., In other words the grievances raised by the applicants are that the respondents have not revised pension of the pre2006 retirees even as per the modified parityformula recommended by the Pay Commission and adopted by the Government vide resolution dated 29.08.2008 ., It pleaded that first the need for such a doubt being raised not clear as both the formulation of the CPC in para 5.1.47 as well as in Government Resolution dated 29.8.2008 Annexure A7 of the OA clear that the fixation of pension will be subject to the provision that the revised pension in no case shall be lower than fifty percent of the sum of the minimum of the pay in the pay band and the grade pay thereon corresponding to the prerevised pay scale from which the pensioner had retired ., Pay in the Pay Band Grade Pay Revised Basic Pay 23 Rs ., of India Ro B68 Vasant Vihar New Delhi110 057 ., Second without bringing out merits or demerits of either formulation the lower functionary in DOP PW incorporates in the clarification against item 4.2 in the OM dated 1.9.2008 the first option about minimum of pay in the pay band irrespective of the prerevised scale of pay ., 6 ., Namo Narayan Chief Surveyor of Works MES Retd ., Union of India 1990 4 SCC 207 and held that the Courts decision in D.S ., 161 New D.P ., Nakara Ors ., Vhora Chief Surveyor of Works MES Retd ., In regard to determination of pension of those retiring after implementation of its recommendations the Commission recommended linkage of full pension with 33 years of qualifying service should be dispensed with ., Therefore the argument sought to be raised by the Union of India during the course of hearing regarding the socalled financial impact has no factual basis at all ., To substantiate this argument reliance has been placed on the judgment of the Apex Court in the case of D.S ., Similarly in the case of employees who were placed in S29 pay scale they were recommended Pay Band of Rs.3920067000 plus Grade Pay of Rs.9000 per month by the VI CPC whereas the Government has revised pay structure to Rs.3740067000 plus Grade Pay of Rs.10000 per month ., It was very seriously contended remove the event correlated to dates and examine whether the scheme workable ., In D.S ., Ro 7178 Pocket D7 Vasant Kunj New Delhi110070 ., However in paras 66 and 67 of the judgment Patna Bench has given a direction that the Government should examine this aspect of S29 pay scales retirees being able to retire at the maximum of the pay band 4 pay scale with the grade pay of Rs.10000 which would bring their pension to Rs.38500 ., The Central Government did not intend to reduce the pension of pre2006 retirees while improving the pay scale of S29 grade c If the erroneous interpretation of the Departments of Pension accepted it would mean that a Director level officer retiring after putting in merely 2 years of service in their pay band S24 would draw more pension than a S29 grade officer retiring before 1.1.2006 and that no S29 grade officer whether existing or holding post in future will be fixed at minimum of the pay band i.e ., The Government of India constituted VI Central Pay Commission VI CPC on 05.10.2006 inter alia to examine the principles which should govern the structure of pension deathcumretirement gratuity family pension and other terminal or recurring benefits having financial implications to the present and former Central Government employees appointed before 1.1.2004 ., R.D ., OA No.05072010 New Delhi this the 1st day of November 2011 ., Nakara supra ., As can be seen from the relevant portion of the resolution dated 29.8.2008 based upon the recommendations made by the VI CPC in paragraph 5.1.47 it clear that the revised pension of the pre2006 retirees should not be less than 50 of the sum of the minimum of the pay in the Pay Band and the grade pay thereon corresponding to the prerevised pay scale held by the pensioner at the time of retirement ., And that would take care of the grievance of retrospectivity ., Shri S.P ., For example the same employee in the illustration above who retired at the basic pay of Rs.13225 in the prerevised pay scale of S15 Rs.800027513500 who will receive a minimum pension of only Rs.465050 of Rs.9300 Rs.2700 50 of GP of Rs.5400 will be All Eligible for revised minimum pension of Rs.7440 50 of Rs.14880 which a minimum revised pay in the pay band against the prerevised scale S15 as per fitment tables of O.M ., Further it very relevant to note that the said impact would be not only on the retired S24 officers but also on the large base of serving employees ., this eligibility qualification severable? 48 ., As we all know pre2006 Pensioners have been not treated at par with Post 2006 pensioners as far as revised pension fixation concerned ., Devendra Gupta Chief Surveyor of Works MES Retd

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